Court Rules Government Servant Cannot Hold Lien on Two Posts Simultaneously, Emphasizes Public Interest and Faculty Requirements at Medical College
In a significant decision dated September 30, 2026, the Rajasthan High Court (Jaipur Bench), presided by Justice Anoop Kumar Dhand, dismissed the writ petition filed by Dr. Nitin Jhalani seeking extension of joining time for the post of Assistant Professor in General Surgery at Government Medical College, Tonk. Dr. Jhalani, who was already serving as a Medical Officer at SMS Hospital & Medical College, Jaipur, and was pursuing higher studies (M.Ch. in Urology), had requested relaxation in joining time to complete his course.
The petitioner argued that as per a Government of Rajasthan Finance Department Memorandum dated February 22, 2021, probationer trainees undergoing studies could be granted extensions in joining time. He also cited several precedents where courts had granted such relief. However, the State respondents contended that Dr. Jhalani was holding lien on his substantive post at SMS Medical College while simultaneously seeking to join a second post, which is impermissible under service law. Moreover, the Government Medical College, Tonk, had recently increased its MBBS intake by 50 seats as per the National Medical Commission's approval, necessitating adequate faculty strength to maintain educational standards. Delaying the appointment would adversely affect the institution, students, and public interest.
The Court observed that the petitioner's intention to hold lien in two different services concurrently, while pursuing his higher studies, amounted to misuse of the facility of extension of joining time. It highlighted that a government servant can hold lien on only one substantive post at a time. The extension of joining time is meant to address administrative exigencies or emergent personal hardship and cannot be used to juggle multiple employment options or stall joining indefinitely.
Further, the Court emphasized the institutional requirements at the Government Medical College, Tonk. Allowing the petitioner an extension of nearly two years would keep the post vacant and hamper the teaching and training of the increased number of MBBS students. This would prejudice the interest of students, their parents, and the public at large.
Rejecting the petitioner's reliance on earlier judgments and the Finance Department memorandum, the Court held that those precedents were not applicable in the peculiar facts of this case, where the petitioner was already in service and had availed extraordinary leave for higher studies.
The writ petition was consequently dismissed, and all pending applications, including stay applications, were also rejected. This ruling underlines the principle that service discipline and public interest take precedence over individual convenience in government employment matters.
Bottom Line:
Service Law - Selected candidate already holding lien on substantive post and pursuing higher studies cannot claim extension/relaxation in joining on newly appointed post so as to retain lien in two services simultaneously - Government servant can hold lien on one substantive post only at a time - Extension of joining time cannot be used to juggle multiple employment options or to prejudice public interest and institutional requirements.
Statutory provision(s):
Government of Rajasthan Finance Department Memorandum dated 22.02.2021 (F1(2) FD/Rules/2006-I), National Medical Commission regulations on faculty requirements and MBBS intake, Service law principles regarding lien and joining time.
